LA ‘still in such a dangerous situation’: FEMA Administrator Criswell

(NEW YORK) — Public health officials are continuing to monitor an outbreak of avian influenza, also known as bird flu, as it spreads across the U.S.

The strain, known as H5N1, sickened several mammals this year before infecting dozens of Americans, according to the Centers for Disease Control and Prevention.

There is no evidence of person-to-person transmission of bird flu, and the risk to the general public is low, the CDC said.

But public health experts have also said it’s important to be alert during the respiratory virus season and to be aware of risks that could come from exposure to infected animals and from drinking raw milk.

Here’s the latest information on the outbreak in the United States:

What is the status of the bird flu outbreak?
Avian influenza, or bird flu, is an infectious viral disease that primarily spreads among birds and is caused by infection with Avian Influenza A viruses.

These viruses typically spread among wild aquatic birds but can infect domestic poultry and other bird and animal species, according to the CDC. In the U.S., the virus infected dairy cows.

“What’s made this year’s outbreak interesting is the association with dairy cows, which is not an association that’s been seen before,” Michael Ben-Aderet, an infectious disease physician and associate director of hospital epidemiology at Cedars-Sinai Medical Center in Los Angeles, told ABC News.

“H5N1 has been known for many, many years. It’s not a new strain of bird flu, but we haven’t seen it cross over into dairy cows and have this association with dairy cows and dairy workers,” he continued.

As of Thursday, 58 human cases have been confirmed in seven states, according to CDC data. California has the highest number of cases with 32.

Almost all confirmed cases have had direct contact with infected cattle or infected livestock.

So far, all bird flu cases in the U.S. have been mild, and patients have all recovered after receiving antiviral medication.

“There has been another strain in Canada that caused really severe disease in a teenager who ended up in critical condition in the hospital,” Dr. Meghan Davis, an associate professor of environmental health and engineering at Johns Hopkins Bloomberg School of Public Health, told ABC News. “So yes, these [strains] are highly related, but not quite the same.”

What are the risks associated with raw milk?
In April reports emerged of bird flu fragments found in samples of pasteurized milk.

However, the fragments are inactive remnants of the virus; they cannot cause infection because the commercial milk supply undergoes pasteurization.

“The good news is that pasteurization inactivates [the virus], and so, when you do that test to look at fragments of the virus, although we find it in milk, the pasteurization process ensures that live virus is not transmitted,” Albert Ko, an epidemiologist at the Yale School of Public Health, told ABC News.

However, the Food and Drug Administration has previously warned of the possible dangers associated with drinking raw, unpasteurized milk due to elevated risks of foodborne illness.

On Tuesday, all of Raw Farm’s raw whole milk and cream products that were still on store shelves in California were being voluntarily recalled by the company, following multiple detections of bird flu virus in its milk and dairy supply within the past week, according to public health officials.

The CDC said it considers exposure to raw milk without personal protective equipment a “high-risk exposure event.”

“Raw milk consumers need to be aware that even handling the product itself could be a kind of exposure,” Davis said. “So, if you’re pouring it, you spill a little milk, get that on your hands, touch your eyes. You could get the same kind of exposure as someone who works in a dairy farm.”

Are we at risk of a bird flu pandemic?
Experts said the U.S. is currently not experiencing a bird flu pandemic, nor is the country presently at risk of a bird flu pandemic.

However, they said with each new human case, it offers a chance for the virus to mutate, theoretically enabling human-to-human transmission to occur at a point in the future.

“I think the warning sign is just, because there’s so much transmission in birds and there’s transmission now in our cattle, particularly we really are concerned about the possibility that there may be a mutation that enables person to person or human-to-human transmission,” Ko said.

Ben-Aderet said there is also concern as the U.S. heads into the winter respiratory virus season that the seasonal flu — which has the ability to exchange parts of its genome with other influenza viruses — could do the same with bird flu.

Health officials are taking proactive measures to prevent such a situation from occurring.

The World Health Organization announced in July that it has launched an initiative to help accelerate the development of a human bird flu vaccine using messenger RNA technology.

In October, federal health officials announced they are providing $72 million to vaccine manufacturers to help ensure available non-mRNA bird flu vaccines are ready-to-use, if needed.

There are currently no recommendations for anyone in the U.S. to be vaccinated against bird flu.

ABC News’ Youri Bendjaoud contributed to this report.

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(CALIFORNIA) — Several hospitals and health care facilities have closed their clinics and offices in the southern California area as the devastating wildfires continue to spread.

As of Thursday, at least five people have died, and thousands of structures have been damaged or destroyed. Firefighters are continuing to battle at least six fires.

Kaiser Permanente, one of the largest health care systems in California, announced it has closed seven of its medical offices and clinics so far due to the fires and high winds.

“Currently, most Kaiser Permanente facilities in Southern California are open and operating normally. We will remain vigilant and ready to respond fluidly as conditions change,” the health care system said in a statement to ABC News.

UCLA Medical Center confirmed in an update on its website that at least 15 of its clinics were closed in neighborhoods including Alhambra, Malibu, Pacific Palisades, Pasadena, Simi Valley and Thousand Oaks.

Additionally, the center said it closed all its clinics in Calabasas.

Cedars-Sinai Medical Center also shared an update on its website that some outpatient offices and surgery centers in evacuation areas were closed, including in Brentwood/West Los Angeles, Pasadena and Santa Monica.

“Due to the critical situation — including fires close to our medical center campus that are affecting many staff members — we are postponing non-urgent/emergent procedures on Thursday and Friday,” the update read. “In doing so, we are looking out for our patients in greatest need as we confront extraordinary and fast-moving conditions.”

Providence health care system, which serves five western states including California, also announced some of its outpatient services, such as doctors’ offices, were closed but that its hospitals remain open.

Additionally, Adventist Health, which serves the West Coast and Hawaii, said its Urgent Care, Orthopedics and Pediatrics location in Montrose is temporarily closed until further notice.

However, its Glendale hospital remains open and operations. Patients are not being evacuated and there are no widespread surgery cancellations.

The hospital added that some patients with elective procedures may have their surgeries canceled and all non-essential visitation is being postponed for the time being.

“My heart goes out to those impacted by the wildfires across L.A. County,” Kerry Heinrich, president and CEO of Adventist Health, said in a statement. “I’m thankful that, at this time, our local hospitals remain open and fully operational, ready to provide care and support to those in need.”

AltaMed Health Services, a community health network that serves southern California, wrote on X that one of its medical centers in Pasadena had been destroyed by the Eaton Fire, but no one was injured. The network has temporarily closed eight clinics due to the fires.

Meanwhile, some hospitals are reporting that they are treating victims injured by the dangerous fires.

UCLA Health hospitals confirmed to ABC News that as of 11:00 a.m. PT Wednesday, medical staff have treated and released 21 patients with fire-related injuries. What kind of fire-injuries the patients have remain unclear.

One patient remains hospitalized in critical condition, UCLA Health said.

Los Angeles County Department of Health Services also reported its medical system is treating patients suffering from smoke injuries, but did not confirm how many patients.

“Our dedicated health care providers across our medical system including Los Angeles General Medical Center, Olive-View Medical Center, Harbor-UCLA Medical Center are prepared to provide the critical and life-saving care to those impacted by the fires,” the department said in a statement.

“At this moment, we can confirm our medical system has provided care to patients suffering from smoke inhalation and respiratory issues caused by the fires,” the statement continued.

Senior centers are also being affected by the wildfires. At The Terraces At Park Marino, an assisted living facility in Altadena, staff evacuated elderly residents — some of whom were in wheelchairs or hospital beds — on Wednesday. Within hours, the building was engulfed in flames.

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(NEW YORK) — Daniel Penny “used far too much force for far too long” and though he may be an “honorable veteran” and “nice young man,” he was reckless with Jordan Neely’s life because “he didn’t recognize his humanity,” Assistant District Attorney Dafna Yoran said in her opening statement Friday during the trial over the fatal chokehold.

“He was aware of the risk his actions would kill Mr. Neely and did it anyway,” Yoran said.

Penny is charged with manslaughter and negligent homicide in the May 2023 death of Neely, a homeless man who was acting erratically on a New York City subway car.

“Jordan Neely took his last breaths on the dirty floor of an uptown F train,” Yoran told a rapt jury.

Neely entered a moderately crowded subway car at the Second Avenue stop and began making threats about hurting people, scaring many of the passengers, Yoran said.

She pointed at Penny as she told the jury, “This man, took it upon himself to take down Jordan Neely. To neutralize him.”

Thirty seconds later, the train arrived at the next station and all the passengers left the train car, except two men who were helping Penny restrain Neely. The prosecutor said Penny hung onto Neely for 51 seconds after Neely’s body went limp.

“By doing so, he pushed Mr. Neely to the point of no return,” Yoran said. “He left Mr. Neely lying on the floor unconscious and didn’t look back.”

Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death. His attorneys have said Neely was “insanely threatening,” but Yoran said Penny’s actions were unnecessarily reckless because he continued the chokehold for 5 minutes and 53 seconds after the subway car was empty of passengers. “A grasp that never changed,” Yoran called it.

“The defendant did not intend to kill him. His initial intent was even laudable,” Yoran said. “But under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary and for only as long as is absolutely necessary. And here, the defendant went way too far.”

The prosecutor told jurors they would see video of the chokehold.

“You will see Mr. Neely’s life being sucked out before your very eyes,” Yoran said, appearing to upset one of the jurors who grimaced and briefly shut his eyes.

She also said jurors would see body camera video of Penny’s initial encounter with police, four and a half minutes after letting go of Neely.

When the officer asked Penny what happened, the prosecutor said Penny replied that Neely had been threatening. “Then he said, ‘I just put him out,'” Yoran told the jury.

The defense is set to give its opening statement on Friday following a break.

Protest audible from courtroom

The sounds of a sidewalk protest over the death of Neely were audible in the 13th-floor courtroom ahead of opening statements. Protesters were heard calling Penny a “subway strangler.”

Judge Max Wiley said he would instruct jurors to ignore “noise outside the courthouse.”

Penny, in a slate blue suit, strode confidently into the courtroom and took his seat at the defense table ahead of opening statements.

The jury of seven women and five men, four of whom are people of color, will be asked to do something prosecutors concede is difficult: convict someone of an unintentional crime.

To convict, prosecutors must prove Penny’s use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Prosecutors do not have to prove Penny intended to kill Neely, which defense attorneys have said Neely did not intend to do.

Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.

The trial is expected to last between four and six weeks, according to Wiley.

The case has fueled political narratives about urban crime and captivated a city in which the subway is indispensable.

Differing accounts of the incident

While there is no doubt that Penny’s actions led to Neely’s death on May 1, 2023, witness accounts differ regarding the events that led up to Penny applying the fatal chokehold, according to various sources.

Many witnesses reported that Neely, 30, who was homeless at the time of his death and was known to perform as a Michael Jackson impersonator, had expressed that he was homeless, hungry and thirsty, according to prosecutors. Most of the witnesses also recounted that Neely indicated a willingness to go to jail or prison.

Some witnesses also reported that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.

Additionally, some witnesses told police that Neely was yelling and harassing passengers on the train. However, others have said that while Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, according to police sources who spoke with ABC News following the incident.

According to prosecution court filings, some passengers on the train that day said they didn’t feel threatened. One said they weren’t “really worried about what was going on,” while another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.”

Other passengers, however, described being fearful, according to court filings. One said they “have encountered many things, but nothing that put fear into me like that,” while another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”

Neely had a documented history of mental health issues and arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.

Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station, according to court records.

“Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing objecting to Penny’s dismissal request.

According to prosecutors, footage of the interaction, which began about two minutes after the incident started, captures Penny holding Neely in the chokehold for about four minutes and 57 seconds on a relatively empty train, with a couple of passengers nearby.

Prosecutors said that about three minutes and 10 seconds into the video, Neely ceases all purposeful movement.

“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” prosecutors said.

The case is expected to feature testimony of passengers who were aboard the subway at the time, as well as a roughly six-minute video of the chokehold.

Jury to hear eyewitness statements

Before opening statements on Friday, Wiley granted a defense request to allow some of the statements that eyewitnesses to the chokehold made to police that were captured on body-worn cameras.

One witness, a Ms. Rosario, was captured on body-worn camera 15 minutes after the incident aboard the F train.

“I can see most of that statement coming in as an excited utterance,” Wiley said.

The judge declined to allow a part of her statement in which an officer is heard asking whether she thought Neely was on drugs.

A Mr. Latimer is captured a minute later and Wiley said his statement is “well within the immediacy of the event” and could be admitted.

“This person displays emotion, excitement as he’s describing what happened. It’s narrative,” Wiley said.

Most of the passengers who were aboard the train and who witnessed the event are expected to testify at trial.

Jury will see evidence that Neely did not have a weapon

The judge also previously ruled that the jury will see evidence that shows Neely was unarmed.

Penny’s defense had sought to preclude evidence or testimony about the lack of a weapon recovered from a search of Neely’s body but in a written opinion issued Thursday, Wiley said such evidence and testimony is relevant to the case.

“The fact that Mr. Neely was unarmed provides additional relevant information to aid the jury, namely, it clarifies what could have been perceived by someone in the defendant’s position,” Wiley wrote. “The possibility that a person in the defendant’s situation could have been reasonable in mistakenly believing that Mr. Neely had been armed is appropriate for consideration by the jury and well within their capability.”

The defense worried that including evidence that Neely was unarmed could bolster sympathy for the victim but Wiley said it would help the jury decide whether Penny’s actions were justified.

Penny’s lawyers and Neely’s family speak ahead of the trial

Members of Neely’s family were seated with the spectators for opening statements Friday.

“I loved Jordan. And I want justice for Jordan Neely. I want it today. I want justice for everybody and I want justice for Jordan Neely,” his uncle, Christopher Neely, said before entering court.

Prosecutors in the Manhattan district attorney’s office are expected to concede that Neely may have seemed scary to some subway riders, but will argue Penny continued the chokehold well past the point where Neely stopped moving and posed any kind of threat.

Penny’s attorneys have said that they were “saddened at the loss of human life,” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the subway train.

While Penny’s defense will argue that he had no intent to kill Neely, prosecutor Steinglass has noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.

“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said earlier this year, after Penny’s request to dismiss the charge was denied.

“This case is simple. Someone got on a train and was screaming so someone else choked them to death,” Neely family attorney Donte Mills said in a past statement to ABC News. “Those two things do not and will never balance. There is no justification.”

“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” Mills added.

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